For the purposes of this thread, a home kitchen is your own kitchen where you prepare food for your family. It is not in any way a reference to a separate kitchen attached to your home or your property.

For the purposes of this thread, a home kitchen is your own kitchen where you prepare food for your family. It is not in any way a reference to a separate kitchen attached to your home or your property.

In Hawaii, it is illegal to bake commercially at home. You must prepare your food in a commercial kitchen. Even if it is for a craft fair or bake sale.

What about Puerto Rico?

In july of 2010 the the new Michigan cottage food law went into effect. It states that you can sell and bake goods from your home without being inspected by the health department. The foods cannot be perishable. Cakes , as long as the dont contain anything that needs refridgeration are included. There is a list of food items that are included. you must have a document presented at the time of delivery stating ingredients and a disclaimer stating that the product was made in a home bakery not inspected my the michigan department of health. For more info go to michigan.gov and go to the department of agricultures link. or just type in michigan cottage food law into a search engine. It will give you more info.

Hi,
Alot of states are trying to pass "Cottage Laws". It is meant specially for the home decorator to allow them to sell only to individuals. They would not let them sell to other businesses (re-sale). It is meant for non-perisheble low Ph items like cakes, not items like Tres Leches Cakes that need to be refrigerated. If you google "Cottage Law" and your state name something should come up.

STRESSED spelled backwards is DESSERTS!

Our new law in Tennessee is not to enable home decorators--it is to enable farmers market type baking. In some areas they allow it* here and other areas nope.

*edited to define *it as pre-ordered home cake decorating

just to add to the post, Home Bakerys are NOT allowed in Rhode Island

Any new info on Washington State? The info listed in this post says it is per county...however per Washington States laws it is not allowed unless you have a seperate kitchen from you home kitchen.

Is there something I am missing? I spent a few hours last night trying to find any new info but kept coming up at dead ends....Would love to hear from someone if they have any new info!

I found this information provided by State of Indiana Health Department. Call your local Health Department and they may very well tell you NO like my county did but here is the information from the state.

http://www.in.gov/isdh/files/HEA_1309_Guidance_Growing_for_Market_ICDC_Farm_Bureau_2010.pdf

For some reason my search isn't working this morning...Does anyone have info on Delaware? There wasn't anything in the spreadsheet.

Thanks!

http://www.nmenv.state.nm.us/f.....tions.html

For you girls who own a home-base business, I'm in the process but I do not understand this, I'm in Rio Rancho, NM. (where it's allowed) but I cannot sell online??? What about advertising? I can't have a webpage either??? Can someone explain this to me?

In NY, including NYC, the Dept of Ag and Markets allows home-based baking. This is a state regulation so it's allowed in every county. The products are limited to non-hazardous foods - that is, foods not needing refrigeration.

The website page is not easy to understand, full of contradictions, but if you live in NY, call one of the regional offices for help. http://www.agmkt.state.ny.us/FS/consumer/processor.html

Also, I maintain a Facebook page with a separate discussion area for NY home-based food businesses. People can post questions and receive help from fellow business owners in NY. http://www.facebook.com/pages/BakingFix/150393868317261

Mimi

I just spent several hours researching the state and county websites of Virginia, and talking to numerous departments.

The state of Virginia allows home based cake businesses.
For the state you just need to complete their packet which involves:
Diagram of your kitchen
All recipes
Flow chart of how you make your product from start to finish
Labels
And when they check over all the above, you must pass a kitchen inspection.

HOWEVER---
Each county within the state has its own requirements.
*Check with Zoning to make sure you get all the permits required for your type of business.

Stafford County requires the home to have a fire sprinkler system.

That was the first thing the gal told me when going to apply for my permit.
And that was what stopped my plans right in their tracks.

I rent a home, so installing a sprinkler system is out of the question.

-They also don't allow customers to come to your home, you would have to deliver all your products, which is a small sacrifice. There are other levels of permits that will allow you to have customers come to your home, but the permit fee is higher and the requirements in your home get more involved!

I'm just heartbroken. All I want to do is bake!!!!

Kim, what about using a commercial kitchen? Many social service organizations (ie Knights of Columbus, VFW, etc) have kitchens; so do churches and schools. Restaurants and delis also have hours when they are not in operation. Some places don't even charge rent but take baked goods in exchange for your using their facility.

Good luck, Mimi

I'll look into that, definitely. It is so much more convenient to do it all in my home. Dragging all my supplies back and forth seems like such a hassle. But thank you for the advice!

I"ll keep you posted!

Just now being informed, after talking to all the necessary departments, that I need a separate kitchen. Why didn't they mention this tiny detail when I spoke with them before?!? That would have saved me a lot of heartache and wasted hours of researching and preparing my vdacs paperwork.

These requirements should be readily available online (imho).

I'm so disappointed.

Quantico VA state inspection required 100$ annual fee takes about a month to get inspection done I will post more info when I get my paperwork Havelock and New Bern NC free state inspection required both places no other license required.

I saw on the list that south Carolina is a no go. Is that a deffinate or may it be like missouri where it varies by county. South Carolina is hard to start in anyway, they dont accept DBA's or tradenames so you have to register with the secretary of state which after a month of dealing with them I still have made no progress its like pulling teeth!!!

Actually, Sugar_Plum_Fairy, it does seem incongruous for us to say NYC and farms in the same sentence but there are greenmarkets all over the city. NYS Ag & Mkts does allow for retail sales in farm stands, greenmarkets and other agricultural venues. One of my students lives in a teeny apartment in Brooklyn, bakes cookies and muffins, and makes a living by selling her baked goods in these markets.

You are right, the rules don't allow for sales out of one's home, but selling retail at any of the numerous greenmarkets is allowed.

There have been lots of changes in how people shop and eat

GrowNYC sponsors 49 greenmarkets; approx 30 are open year round, 1-3 days per week http://www.grownyc.org/files/gmkt/map.pdf

Community Markets runs 29 markets throughout the NYC area, some are summer only, some open year round http://www.communitymarkets.biz/index.php

Geez, you leave a place for 14 years and they change everything!!!

(Darn! Think I just gave away my age.)

Just came across info about Texas trying to pass a Cottage Food Bill and they are looking for support I think is up for vote March 30
website http://www.texascottagefoodlaw.com
facebook http://www.facebook.com/TexasBakersBill

Since there are so many problems with the attachment here, and this thread is so large, please just go to http://www.texascottagefoodlaw.com/facts.htm . This page contains a list of all known states that allow legal home baking businesses, as well as those with legislation pending. If your state is not listed on this page, it's most likely a "No", but as always, you should check with your local Health Department or Department of Agriculture to confirm.

It's not on the list, but New York allows home baking. http://www.agmkt.state.ny.us/FS/consumer/processor.html

Kellem ...I went to the link that you give, but do not understand what it means English is not my native language. can someone explain what it means in reference to Florida? I live in Miami. Is it finally allow to bake at home for business purpose?
THANK YOU FOR YOUR TIME!
CIAO
I copy this
Section 21. Paragraphs (j) through (z) of subsection (1) 410 of section 500.03, Florida Statutes, are redesignated as 411 paragraphs (l) through (bb), respectively, present paragraphs 412 (n) and (p) are amended, and new paragraphs (j) and (k) are 413 added to that subsection, to read: 414
500.03 Definitions; construction; applicability.¡X 415
(1) For the purpose of this chapter, the term: 416
(j) "Cottage food operation" means a natural person who 417 produces or packages cottage food products at his or her 418 residence and sells such products in accordance with s. 500.80. 419
(k) "Cottage food product" means food that is not a 420
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potentially hazardous food as defined by department rule which 421 is sold by a cottage food operation in accordance with s. 422 500.80. 423
(p)(n) "Food establishment" means any factory, food 424 outlet, or any other facility manufacturing, processing, 425 packing, holding, or preparing food or selling food at wholesale 426 or retail. The term does not include any business or activity 427 that is regulated under s. 500.80, chapter 509, or chapter 601. 428 The term includes tomato packinghouses and repackers but does 429 not include any other establishments that pack fruits and 430 vegetables in their raw or natural states, including those 431 fruits or vegetables that are washed, colored, or otherwise 432 treated in their unpeeled, natural form before they are 433 marketed. 434
(r)(p) "Food service establishment" means any place where 435 food is prepared and intended for individual portion service, 436 and includes the site at which individual portions are provided. 437 The term includes any such place regardless of whether 438 consumption is on or off the premises and regardless of whether 439 there is a charge for the food. The term includes delicatessens 440 that offer prepared food in individual service portions. The 441 term does not include schools, institutions, fraternal 442 organizations, private homes where food is prepared or served 443 for individual family consumption, retail food stores, the 444 location of food vending machines, cottage food operations, and 445 supply vehicles, nor does the term include a research and 446 development test kitchen limited to the use of employees and 447 which is not open to the general public. 448
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Section 22. Subsection (1) of section 500.121, Florida 449 Statutes, is amended to read: 450
500.121 Disciplinary procedures.¡X 451
(1) In addition to the suspension procedures provided in 452 s. 500.12, if applicable, the department may impose a fine not 453 to exceed exceeding $5,000 against any retail food store, or 454 food establishment, or cottage food operation that violates has 455 violated this chapter, which fine, when imposed and paid, shall 456 be deposited by the department into the General Inspection Trust 457 Fund. The department may revoke or suspend the permit of any 458 such retail food store or food establishment if it is satisfied 459 that the retail food store or food establishment has: 460
(a) Violated any of the provisions of this chapter. 461
(b) Violated or aided or abetted in the violation of any 462 law of this state governing or applicable to retail food stores 463 or food establishments or any lawful rules of the department. 464
(c) Knowingly committed, or been a party to, any material 465 fraud, misrepresentation, conspiracy, collusion, trick, scheme, 466 or device whereby any other person, lawfully relying upon the 467 word, representation, or conduct of a retail food store or food 468 establishment, acts to her or his injury or damage. 469
(d) Committed any act or conduct of the same or different 470 character than that enumerated which constitutes fraudulent or 471 dishonest dealing. 472
Section 23. Section 500.80, Florida Statutes, is created 473 to read: 474
500.80 Cottage food operations.¡X 475
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(1)(a) A cottage food operation must comply with the 476 applicable requirements of this chapter but is exempt from the 477 permitting requirements of s. 500.12 if the cottage food 478 operation complies with this section and has annual gross sales 479 of cottage food products that do not exceed $15,000. 480
(b) For purposes of this subsection, a cottage food 481 operation's annual gross sales include all sales of cottage food 482 products at any location, regardless of the types of products 483 sold or the number of persons involved in the operation. A 484 cottage food operation must provide the department, upon 485 request, with written documentation to verify the operation's 486 annual gross sales. 487
(2) A cottage food operation may not sell or offer for 488 sale cottage food products over the Internet, by mail order, or 489 at wholesale. 490
(3) A cottage food operation may only sell cottage food 491 products which are prepackaged with a label affixed that 492 contains the following information: 493
(a) The name and address of the cottage food operation. 494
(b) The name of the cottage food product. 495
(c) The ingredients of the cottage food product, in 496 descending order of predominance by weight. 497
(d) The net weight or net volume of the cottage food 498 product. 499
(e) Allergen information as specified by federal labeling 500 requirements. 501
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(f) If any nutritional claim is made, appropriate 502 nutritional information as specified by federal labeling 503 requirements. 504
(g) The following statement printed in at least 10-point 505 type in a color that provides a clear contrast to the background 506 of the label: "Made in a cottage food operation that is not 507 subject to Florida's food safety regulations." 508
(4) A cottage food operation may only sell cottage food 509 products that it stores on the premises of the cottage food 510 operation. 511
(5) This section does not exempt a cottage food operation 512 from any state or federal tax law, rule, regulation, or 513 certificate that applies to all cottage food operations. 514
(6) A cottage food operation must comply with all 515 applicable county and municipal laws and ordinances regulating 516 the preparation, processing, storage, and sale of cottage food 517 products by a cottage food operation or from a person's 518 residence. 519
(7)(a) The department may investigate any complaint which 520 alleges that a cottage food operation has violated an applicable 521 provision of this chapter or rule adopted under this chapter. 522
(b) Only upon receipt of a complaint, the department's 523 authorized officer or employee may enter and inspect the 524 premises of a cottage food operation to determine compliance 525 with this chapter and department rules, as applicable. A cottage 526 food operation's refusal to permit the department's authorized 527 officer or employee entry to the premises or to conduct the 528 inspection is grounds for disciplinary action pursuant to s. 529
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500.121. 530
( This section does not apply to a person operating 531 under a food permit issued pursuant to s. 500.12. 532
Section 24. Subsection ( of section 501.160, Florida 533 Statutes, is amended to read: 534
501.160 Rental or sale of essential commodities during a 535 declared state of emergency; prohibition against unconscionable 536 prices.¡X 537
( Any violation of this section may be enforced by the 538 Department of Agriculture and Consumer Services, the of